A critical analysis of the application of the doctrine of Essay

A critical analysis of the application of the doctrine of self-determination in the context of South Sudan with reference to the Naivasha agreement of 2005 - Essay Example Moreover, this issue is central to the efficacy of international law as a regulatory mechanism particularly in human rights issues as a gap between theory and practice clearly undermines the objectives of both customary international legal principles and UN Charter provisions.2 Directly correlated to this is the concept of â€Å"state† and â€Å"inter-state relations†, which in terms of individual human rights protections at international level has become a central issue particularly in context of rapid globalisation3. Furthermore, the complex notion of state and the role of ethnic groups within states have challenged colonial geographic boundaries of the state4. In turn, the changing nature of the global order in the post Cold War environment has created novel conflict scenarios and significantly reshaped the dynamics of conventional warfare5. This has challenged pre-existing international legal principles, which is highlighted by the problematic doctrine of self determination and its boundaries in international law6. The doctrine of self determination has remained contentious in international law as whilst the objective of the doctrine as expressed in the UN Charter 19457 was arguably triggered by the increasing desire for decolonisation; the practical consequences has often seen the doctrine of self determination being utilised to perpetuate conflict8. contextual reference to Southern Sudan and the 2005 Naivasha Agreement, which enables the Southern part of Sudan to vote on its legal status in a referendum in January 2011. It is submitted at the outset that the 2005 Naivasha agreement highlights the conflict between the subjective interpretation of the doctrine of self determination and legality under established international legal principles. Therefore, in evaluating the doctrine, Section 2 will consider the models of self determination and the legal basis for self determination. Section 3 will